Blasi Jr., et al. v. United Debt Services, LLC, et al.
Blasi v. UDS Settlement
Case No. 2:14-cv-0083

Frequently Asked Questions

 

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  • The purpose of the Notice is to let you know that a proposed Settlement has been reached in the class action lawsuit entitled Peter Blasi Jr., et al. v. United Debt Services, LLC, et al., Case No. 2:14-cv-0083. You have legal rights and options that you may act on before the Court decides whether to approve the proposed Settlement. Because your rights will be affected by this Settlement, it is extremely important that you read the Notice carefully. The Notice summarizes the Settlement and your rights under it.

  • In a class action, one or more people, called Class Representatives, sue on behalf of people who have similar claims. All of these people are a class, or class members. One court resolves the issues for all class members, except those who exclude themselves from the class.

    Here, the Class Representative alleges that, on or after February 27, 2011, Defendants violated the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq. by obtaining and/or using the consumer reports of Ohio citizens for impermissible purposes. Specifically, the class representatives allege that UDS obtained and/or used the consumer reports of Ohio citizens for the impermissible purpose of targeted marketing via prescreened marketing lists provided to UDS by AMG Lead Source. The Class Representatives allege that UDS did not have the permission of the recipients to obtain and/or use their consumer reports, respectively.

    The Court has certified a class for settlement purposes only (the “Settlement Class”). U.S. District Court Judge George C. Smith (the “Court”) is in charge of this class action.

    UDS denied and continues to deny that it did anything wrong, and denied and continues to deny that this case would be certified as a class action in litigation.

  • The Court did not decide in favor of the Plaintiffs or UDS. Instead, both sides agreed to a Settlement. That way, they avoid the cost, risks, and uncertainties of a trial, and the Settlement Class will get compensation. The Class Representatives and their attorneys think the Settlement is best for the Settlement Class.

  • You are in the “Settlement Class” if, between June 1, 2011 through June 30, 2014, UDS obtained and used your consumer report for targeted marketing purposes via prescreened marketing lists provided by AMG Lead Source, and you received target marketing materials from UDS.

    If you have questions about whether you are part of the Settlement Class, you may call 1-833-759-2978 or review this website for more information.

  • UDS has agreed to pay $500,000.00 to be divided among the members of the Settlement Class who sent in a valid Claim Form after any fees, costs, service awards, and settlement administration expenses have been deducted.

    UDS has also agreed, to the extent not already in place, that it will take remedial steps in an effort to comply with the FCRA’s requirements concerning the use of consumer reports for targeted marketing purposes via prescreened marketing lists.

  • Your share of the settlement will depend on the number of Claim Forms that members of the Settlement Class submit. Class Counsel estimate you will receive approximately $15-25 per claim, but this is only an estimate.

  • To qualify for payment, you needed to submit a Claim Form by October 15, 2019, and Claim Forms sent by mail are required to be postmarked by October 15, 2019 to be timely. The deadline to submit a Claim Form has passed.

  • The Court held a hearing on August 28, 2019 to decide whether to approve the Settlement. If the Settlement is approved, appeals may still follow. It is always uncertain whether these appeals can be resolved, and resolving them can take time. Please be patient.

  • Unless you excluded yourself, you are staying in the Settlement Class and you will be a member of the Settlement Class. That means you cannot sue, continue to sue, or be part of any other lawsuit against UDS regarding the FCRA claim that is subject to the Settlement. If the Settlement is approved and becomes final and not subject to appeal, then you and all members of the Settlement Class release all “Released Claims” against all “Released Parties.” It also means that all of the Court’s orders will apply to you and legally bind you.

    The Settlement Agreement, located on the Important Documents page, describes the claims you are releasing (the “Released Claims”) and against whom you are releasing claims (“Released Parties”) in detail, so please read it carefully. To summarize, the release includes, but is not limited to, the claim that UDS impermissibly obtained and used the consumer reports of Ohio citizens for target marketing purposes via prescreened lists provided by AMG Lead Source, as well as all other claims based upon, relating to, or arising out of these general, alleged facts.

  • If you don’t want a payment from this Settlement, but you want to keep the right to sue or continue to sue UDS, then you must take steps to remove yourself from the Settlement Class. This is called excluding yourself—or is sometimes referred to as “opting out” of the Settlement Class.

  • The deadline to exclude yourself from the Settlement was October 15, 2019 and has passed.

  • Unless you excluded yourself, you give up any right to sue UDS for the claims that this Settlement resolves. If you already have a lawsuit that may relate to the claims being released as part of this Class Settlement, you should speak to your lawyer in that case immediately. You needed to exclude yourself from this Settlement Class to continue your own lawsuit. The exclusion deadline was October 15, 2019 and has passed.

  • If you excluded yourself, you should not have submitted a Claim Form to ask for a payment.

  • The Court has appointed Kitrick, Lewis & Harris, Co. LPA, Luftman, Heck & Associates, LLP, the Law Office of Brian M. Garvine, LLC, and Robert J. Wagoner, Co., L.L.C. to represent you and other members of the Settlement Class. These lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

  • Class Counsel will ask the Court to approve payment of up to $150,000 to them for attorneys’ fees. This amounts to 30% of the total $500,000.00 fund.  Class Counsel will also seek recovery of their actual expenses spent on the litigation in the amount not to exceed $25,000. These payments would pay Class Counsel for investigating the facts, litigating the case, and negotiating the settlement. Class Counsel also will request a service award of $9,000 for the three named Plaintiffs to compensate them for their time and effort. The Court may award less than these amounts.

  • The deadline to object to the Settlement was July 29, 2019 and has passed.

  • Objecting simply means telling the Court that you do not like something about the settlement. You can object only if you stay in the Settlement Class. Excluding yourself from the Settlement Class is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

  • The Court held the Final Fairness Hearing at 2:00 pm on August 28, 2019, before the Honorable George C. Smith at the U.S. District Court for the Southern District of Ohio, Joseph P. Kinneary U.S. Courthouse, 85 Marconi Boulevard, Courtroom 5, Columbus, Ohio 43215. The purpose of the hearing was for the Court to determine whether the Settlement is fair, reasonable, adequate, and in the best interests of the class. At the hearing, the Court heard any objections and arguments concerning the fairness of the proposed Settlement, including those related to the amount requested by Class Counsel for attorneys’ fees and expenses, and the incentive awards to the Class Representatives. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.

     

  • Class Counsel answered any questions the Court may have. But you were welcome to come to the hearing at your own expense. If you sent an objection, you did not have to come to Court to talk about it. As long as your written objection was filed or mailed on time, and meets the other criteria described in the Settlement Agreement, the Court considered it. You could have also paid a lawyer to attend, but you didn't have to.

  • If you did not exclude yourself from the Settlement Class, you could have asked the Court for permission to speak at the hearing concerning any part of the proposed Settlement Agreement. Your Notice of Intention to Appear needed to be received no later than July 29, 2019. The deadline to file a Notice of Intention to Appear has passed.

  • If you do nothing, then you will not receive any money from the Settlement. If you did not exclude yourself from the Settlement, then you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against UDS concerning the allegation(s) and claim(s) released in this case.

  • The Notice summarizes the proposed Settlement. More details are in the Settlement Agreement. You can view the Settlement Agreement on the Important Documents page. You can also get a copy of the Settlement Agreement by writing to any of the Court appointed Class Counsel. 

  • You can call 1-833-759-2978 toll free; write to Blasi v. UDS Claims Administrator, c/o JND Legal Administration, P.O. Box 91068, Seattle, WA 98111; or review this website, where you will find answers to common questions about the Settlement, a Claim Form, plus other information to help you determine whether you are a member of the Settlement Class. You also may write to Class Counsel.

    PLEASE DO NOT CONTACT THE COURT, THE JUDGE, OR THE DEFENDANT WITH QUESTIONS ABOUT THE SETTLEMENT OR CLAIMS PROCESS.

For More Information

Visit this website often to get the most up-to-date information.

Mail

Blasi v. UDS Claims Administrator
c/o JND Legal Administration
P.O. Box 91068
Seattle, WA 98111